Work permit for temporary foreign workers

Most foreign workers require a valid work permit and Labour Market Opinion to work in Canada, however there are some exceptions. Take the free eligibility assessment and we will advise you on your options.

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Regulation 2 of the Immigration and Refugee Protection Act 2002 defines a Work Permit as “a written authorization to work in Canada issued by an officer to a Foreign National”. To elaborate, a Canadian Work Permit is a temporary resident visa issued by Citizenship and Immigration Canada to grant permission to foreign workers seeking to perform / engage in employment in Canada.

The process of obtaining / acquiring a Canadian Work Permit usually involves obtaining employment in Canada. It is noteworthy mentioning that foreign workers are temporary residents who may be legally authorized/permitted to work with or without a work permit. The majority of prospective foreign workers secures a work permit, and then applies to immigrate to Canada.

Positive Labour Market Opinion (LMO)

In most cases, foreign workers must have obtained a labour market opinion from their potential employer before applying for a work permit.

Human Resources and Social Development Canada (HRSDC)/Service Canada, is responsible for issuing a confirmation letter (positive labour market opinion). “The confirmation is a letter from HRSDC to your employer stating that having a foreign worker do the job you are going to do will not have a negative impact on the labour market in Canada.

The HRSDC analysis pertaining to the offer of Employment will comprise / include critical elements and points. Regulation 203 of the IRPA 2002 provides “broad authority for HRSDC to weigh several factors in assessing the impact on the Canadian labour Market.

Pursuant to Regulation 203 HRSDC will consider the following critical elements / factors:

“Whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

Whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

Whether the employment of the foreign national is likely to fill a labour shortage.

Whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

Whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

Whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

It is important to note that the labour market opinion is specific to employer, position and geographical region. In other words, if a foreign worker receives a positive LMO and decides to change positions, even within the same company, the foreign worker will need a new LMO (HRSDC).

Do you really need a work permit?

Most foreign worker require a valid work permit and LMO to work in Canada, however it is necessary to categorize / list certain exceptions:

Some Foreign Workers don’t require an LMO, only a Work Permit.

Some Foreign Workers don’t require an LMO or a Work Permit.

There are special Work Permit Rules for International students.

It is sometimes possible to obtain a Work Permit without obtaining prior approval from HRSDC. The types of work permits which are exempt from prior validations include work permits for certain categories of workers which are “considered to be beneficial” and will bring significant benefit to Canada by virtue of Regulation R 205 (a) of the IRPA 2002. Please consult one of our adviser if you are unsure about your situation.

Special job categories

It is noteworthy mentioning that there are specific LMO instructions for:

1. Low-Skilled Worker Program (Pilot Project).

Occupations that are classified as “Low-Skilled” by the National Occupational Classification Low system are coded “C” or “D” skill level. They usually require at least a high school diploma or a maximum of two years of job-specific training.

2. Software Professionals

Facilitated entry for software professionals was implemented to streamline the entry of certain high demand software workers in response to the need of employers to fill critical shortages in the software industry.

Effective October 1, 2010, employers who wish to hire foreign workers previously eligible for IT facilitated processing will be required to apply for a Labour Market opinion.

List of Software Professionals:

Senior Animation Effects Editor (NOC 9990.1)

Embedded Systems Software Designer (NOC 9990 . 2)

MIS Software Designer (NOC 9990 .3)

Multimedia Software Developer (NOC 9990.4)

Software Developer (NOC 9990.5)

Software Products Developer (NOC 9990.6)

Telecommunications Software Designer (NOC 9990.7)

3. Live-In-Caregiver

The Live-In-Caregiver Category is another type of Work Permit application for persons who have an offer of employment as a caregiver with a Canadian who is willing to let the Caregiver live in his / her home. Live-In-Caregivers are required to comply with the following conditions:

At least six months training or at least one year of full-time paid work experience as caregiver or in a related field or occupation (including six months with one employer) in the past 3 years.

Able to speak one of Canada’s official languages (English or French).

Work Permit before entering Canada.

To re-cap it is important to reiterate that certain foreign workers may be eligible for a Canadian Work Permit in the absence of HRSDC confirmation of a job offer on the basis of demonstrated benefit to Canada as a result of their employment. The interpretation of Regulation 205 (a to d) “Canadian Interests” result in the classification of applications in this category in the following main categories:

Canadian Interests (general)

Entrepreneur / Self-Employed Candidates.

Intra-Company Transferees.

Emergency Repair Personnel

Reciprocal Employment

Charitable or Religious work.

Foreign workers who do not require a work permit

In certain cases, foreign nationals/workers may enter Canada to engage in work in the absence of a Work Permit and without the need for Human Resources and Skills Development Canada (HRSDC). Such cases are generally restricted to situations in which the individual will not enter in the Canadian labour market directly, the primary source of remuneration for business activities is outside Canada, and the principal place of business remains predominantly outside Canada.

Regulation 186 (R 186) of the IRPA 2002, describes and lists the types of work that a foreign national is permitted to perform without the need of a Work Permit. The following categories listed hereunder are examples of employment in which a foreign national may engage within Canada without the requirement of a Work Permit:

Athletes and Coaches

Aviation accident or incident investigators

Business Visitors.

Civil Aviation Inspectors

Clergy

Convention organizers

Crew Members

Emergency Service Providers.

Examiners and Evaluators

Expert witnesses or Investigators

Family members of foreign Representatives

Foreign government officers

Foreign Representatives

Health-Care Students

Judges, Referees and similar officials

Military Personnel

News Reporters, film and media crews

Performing Artists

Public Speakers

In certain cases, foreign nationals/workers may enter Canada to engage in work in the absence of a Work Permit and without the need for Human Resources and Skills Development Canada (HRSDC). Such cases are generally restricted to situations in which the individual will not enter in the Canadian labour market directly, the primary source of remuneration for business activities is outside Canada, and the principal place of business remains predominantly outside Canada.Regulation 186 (R 186) of the IRPA 2002, describes and lists the types of work that a foreign national is permitted to perform without the need of a Work Permit. The following categories listed hereunder are examples of employment in which a foreign national may engage within Canada without the requirement of a Work Permit:

Athletes and Coaches

Aviation accident or incident investigators

Business Visitors.

Civil Aviation Inspectors

Clergy

Convention organizers

Crew Members

Emergency Service Providers.

Examiners and Evaluators

Expert witnesses or Investigators

Family members of foreign Representatives

Foreign government officers

Foreign Representatives

Health-Care Students

Judges, Referees and similar officials

Military Personnel

News Reporters, film and media crews

Performing Artists

Public Speakers

International free trade agreements

In addition, some categories of workers from certain countries do not require prior human resources approval in order to obtain a Canadian Work Permit. Citizens of the United States and Mexico may apply for work permits under the North American Free Trade Agreement (NAFTA) if they are professionals, business people / business visitors, intra-company transferees or traders or Investors. Citizens of countries that are signatories to other treaties such as the General Agreement on Trade in Services (GATS) and the Canada-Chile Free Trade Agreement (CCFTA) may also benefit from this type of Human Resources approval – Exempt Work Permit.

Where to apply?

Regulation 11(2) of the IRPA 2002 states / requires that an application for a temporary resident visa or a study work permit must be made outside Canada at the visa office responsible for the country where the applicant is present and has been lawfully admitted or at the applicant’s country of Residence. In most cases, foreign workers must obtain a Temporary Resident Visa, which is usually issued along with the Work Permit. Applicants from “Visa Exempt Countries” can apply for their Work Permit at the border.

Therefore, as a general rule an application for a Work Permit is submitted to a Canadian Visa office abroad if an individual requires a visa (TRV) in order to appear at a Canadian Port of Entry. If an individual doesn’t require such a passport visa, than it may be possible to submit the application at a Canadian Port of Entry (POE).

How long does it take?

The process of obtaining a Canadian Work Permit is contingent upon various factors such as the qualifications of the applicant, nature of the job offer, nationality and residence of the applicant. Moreover, the time frames pertaining to applications for Canadian work permits vary, especially if the applicant / foreign national require an HRSDC confirmation, and the requirement of Medical Examinations. Canadian Work Permit processing delays can range from weeks to several months, which all depend on the aforementioned reasons.

Statutory Documents – Passport (Exception citizens and PR of US + residents of ST. Pierre and Miquelon.

Birth Certificate

Marriage Certificate (if applicable)

Evidence of Professional & Academic Credentials

Copy of the Applicant’s current immigration document if applying within Canada.

Any other documentation deemed necessary and essential towards satisfying the officer and complying with the requirements of the Act and Regulations.

Don't forget!

Applicants who have been resident in a designated country within the past 12 months, and who are seeking a work permit of six months or greater are required to undertake a medical examination with a designated medical practitioner (DMP). This can sometimes cause processing delays.